Is Sexting Illegal? What States Have Sexting Laws?

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However, 16 and 17-year olds are, simultaneously, considered adults for purposes of criminal prosecution. As a result, a minor can be criminally prosecuted for sexually exploiting him or herself. A criminal offense in nearly all states, revenge porn refers to the distribution of intimate, sexually explicit photos or videos of an individual without their consent.

Background: Teen Sexting in Context

In most cases, felony charges can result if the sexting involves child pornography issues and the recipient of the photo is an adult. The criminal penalties for criminal sexting are often very serious and can remain permanently on one’s record. As such, if you have been charged with criminal sexting, it is important to contact an experienced criminal defense attorney immediately. An experienced criminal defense attorney can ensure that your legal rights are protected and help you build a solid legal defense. In addition to the above 27 states that have laws that address when sexting is a crime, there are also numerous states that are considering criminalizing the act of sexting.

• Federal law also criminalizes compelling a minor to participate in sexually explicit conduct.
• The prosecution may seek to transfer the minor offender to adult court if the accused has a previous record and is accused of committing a felony.
• Some punish sexting under preexisting laws against child enticement and child pornography, which often result in harsh, felony penalties.
• Finally, registered sex offenders may be banned from certain jobs (such as teaching) or even from living near a park or playground.
• Besides the prison time and fines, anyone convicted of illegal sexting must face sex offender registration on Michigan’s public Sex Offender Registry.

Promoting Obscene Material To Children

• Sexting is the act of using some form of electronic messaging to send sexually explicit messages and images to another person.
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• Some states have adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such images.
• However, in general sexting is defined as the act of transmitting sexually explicit messages, primarily through the use of cell phone messaging or other similar electronic devices to another person.
• Additionally, they reported a 360% growth in self-generated CSAM of 7- to 10-year-olds compared to the same period the year before.

Consequently, the statute applies to live sexual performances by a child, photographs, photoshop, deep fakes, videos or computer-generated images, and video games. (3) Altered media or media manipulated to depict a minor engaged in sexual conduct. As of January 1, 2018, sexting by juveniles (those younger than 18) can be handled by a civil citation or as a petty offense or misdemeanor. Before the new law was enacted, prosecutors had only felony tools at their disposal. Anyone who sends, receives or asks for a naked or sexual image of a person who is or appears to be under the age of 18 is at risk of committing a crime and of being charged. If the offender is under 18, the court has three options under the new law.

Organized crime

Sexting images of a minor—someone younger than 18—can result in serious charges and penalties. These offenses can be prosecuted under California’s child pornography and related laws. Because the juvenile sexting law carries a maximum penalty of a misdemeanor, these cases fall under the jurisdiction of the juvenile court. Adult court only comes into play if a juvenile age 14 to 17 faces felony charges for sexual exploitation crimes. But transfer to adult court is discretionary, so even these felonies may be prosecuted in juvenile court.

Instead, the court would enter a disposition that would include appropriate consequences for the behavior, and the record of the juvenile’s adjudication would be confidential. The legal framework around sexts exchanged between minors varies enormously across the board; typically, these cases are prosecuted less severely because of the age of both individuals involved. Nevertheless, minors can still incur penalties including sex offender registration, juvenile sentences, and fines, all as a result of sexting behavior.

It is a crime to use the internet or a mobile phone to ask anyone  who is or appears  to be under the age of 18 to send you a sexy pic. Asking someone to make and send child pornography  carries a maximum penalty of up to 15 years in jail. Under Maryland criminal code section “sexual solicitation of a minor,” solicitation refers to commanding, authorizing, urging, enticing, requesting, or advising a person to engage in unlawful sexual conduct. As mentioned, a class A misdemeanor is punishable by a $25000 fine and up to one year in jail.

A person is guilty of exploiting a minor in the first degree if he coerces, encourages, employs, or permits a minor to engage in sexual conduct for filming. Sexual Exploitation in the First Degree is a class C felony punishable by up to fifteen years in prison. It’s also a crime to knowingly send, cause to be sent, or possess material showing a minor engaged in or simulating sexual conduct, when the intent is to distribute, exhibit, or exchange the material with another.

If a young adult is involved in a relationship with someone a few years younger, the law might consider certain acts illegal because one party is a minor. In most states, sexting images of or to a minor constitutes a felony or misdemeanor. Once again, the crime of sexting may be charged as either misdemeanor charges or a felony, dependent on the nature of the sexually explicit content, as well as the age of the sender and recipient.